HomeMy WebLinkAboutResolution No. 22-8051 - Declaring Pursuant to Gov Code Sec 54221 Real Property Owned by City Located at APN 6255-002-900 - Downey Public Parking Lot No. 4, is Exempt Surplus Land**91 IR A 9 Lel• :P 1-1
a r • � r • 1'• • ' f i1• • - • •-• - •
and
WHEREAS, under the RUA, the City is obligated to "restrict its use of the [Property] as
• •I reduce the number of parking spaces or otherwise restrictparking in the
[Property]; ... e) City shall not build or permit the building of any improvements on the [Property]
which would (i) reduce or modify the current number of parking spaces in the [Property], (ii)
restrict or interfere with access to the[Property],•rimpair the [retail site that
uses the Property for parking], including any signage from being viewed by pedestrians or
vehicular traffic along Firestone Boulevard, between Downey Avenue and Dolan Avenue."
(RUA at Paragraph 2); an•
• • r
WHEREAS, the City no longer has any use for the Property and desires to sell it to Betty
Wilshire, LLC a California Limited Liability Company (the "Buyer"), who own the adjacent land
on i Easy first established their retailstore; •
WHEREAS, the Buyer • Fresh i Easy are parties ' • that certain retail leas�
2greement,dated as of • - •- 118 - Lease") on the parcel • • and
contiguous -andcorrect of of Retail Lease" is
--ttached hereto as Exhibit B; and
WHEREAS, the term of the Retail Lease is 20 years (the "Retail Lease Term"); and
WHEREAS, as of December 7, 2015, Fresh & Easy assigned all of its rights, title, and
interest in the Retail Lease to Grocery Outlet Inc., a California corporation ("Grocery Outlet");
and
WHEREAS, as of July 6, 2020, Fresh & Easy assigned all of c' • interest
• Grocery • - •
RESOLUTION NO. 22-8017'
PAGE 2 1
WHEREAS, according to counsel for the Buyer, under the Retail Lease and during the
Retail Lease Term, the Public Parking Lot is required to be retained as parking in order to legally
permit the continued operation of Grocery Outlet's retail business; and
WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as
amended, the "Act"), applies when a local agency disposes of "surplus land," as that term is
defined in Government Code section 54221; and
WHEREAS, the Property is "surplus land" under the Act, because it is land owned in
iffm-if 414,p�i*
of this resolution) in a regular public meeting declaring that the land is surplus and is not
necessary for the City's use; and
WHEREAS, the Act exempts certain surplus land from its requirements, including
"[s]urplus land that is subject to valid legal restrictions that are not imposed by the local agency
and that would make housing prohibited, unless there is a feasible method to satisfactorily
mitirintp nr Pimiri thin nrnhihitinn r%n tho site" (Government Code section 54221(D(1)(G)�; and
...- I .......... I — .— -..- X-- I
WHEREAS, the RUA, the Retail Lease, and the restrictive use provisions therein and
articulated above present such valid legal restrictions, and there is no feasible method to
satisfactorily mitigate or avoid the prohibition on the Property, because Grocery Outlet needs
the Property for use as a parking lot to service its adjacent retail establishment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE A FOLLOWS:
S
QN j. The above recitals are true and correct and are a substantive part of this
Resolution.
L
a discretionary permit and CEQA review, that future use and project will be analyzed at the
appropriate time in accordance with CEQA.
9"11IM91111111M . - 0 11 - 6 # . - 0 Z 4 - - - . - 0 * . - ,
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City Council declares that it would have adopted this Resolution, and each section, subsection,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections,
subsections, phrases, or portions be declared invalid or unconstitutional.
W::�et 1 0 1 IFFINNI!,
APPROVED AND ADOPTED this 8 1h day of February, 2022.
----------------tf[ANC-A—PACHECO, Mayor
I HEREBY CERTIFY that the foregoing Resolution No. 22-8051 was adopted by the City
Council of the City of Downey at a Regular meeting held on the 8 th day of February, 2022, by
the following vote, to wit:
AYES:
Council Members,
NOES:
Council Member:
ABSENT:
Council Members:
ABSTAIN:
Council Member:
RESOLUTIONi
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LEADSHEET
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THIS FORM IS NOTTO BE DUPLICATED
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EXEMPT FROM RECORDER'S FEE ta
PURSUANT TO GOVERNMENT CODE
SECTIONS 6103, 27383 — Benefits City
RECORD AT REQUEST OF
AND WHEN RECORDED
RETURN TO:
MY CLERK
CITY OF DOVI
I I I 11 Brookshire Avenue
Downey, CA 90241 - 7016
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RESTRICTIVE USE AGREEMENT J
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L Following all legally required notices and hearings, this Agreemen!
has been approved by the City Council of City and has been
executed by the appropriate authorities of City and delivered to
Fresh & Easy.
2. This Agreement has been approved and executed by the appropriate
representatives of Fresh & Easy and delivered to City.
A. City is the fee simple owner of that certain parking lot located at 8350 Firesto
Boulevard, in the City of Downey, more commonly known as "Downey Public Parking Lot N
4" ("Parking Lot"), and more particularly described in attached Exhibit A and depicted on til
attached Exhibit B, site plan (the "Site Planas incorporated herein by reference.
B. Fresh & Easy is redeveloping the former Albertson's supermarket that is depicte4
on the Site Plan as the "F&E Site," to that end, Fresh & Easy desires that the City (i) limit the
use of the Parking Lot to vehicle parking by the public, including, Fresh & Easy, its customers,
invitees, employees, sublessess and assigns and (ii) to maintain access to and visibility of the
F&E Site and improvements thereon from Firestone Boulevard and Dolan Avenue, subject to the
terms of this Agreement.
C. City has agreed to restrict its use of the Parking Lot for these purposes and subject
to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the covenants contained in this Agreement and
other good and valuable consideration, receipt of which is acknowledged, the Parties
hereto agree as follows:
4 LA:17334705 6
customers,Easy its
- - employees, sublessess andassigns;.: City shall not i
number of parking spaces or otherwise restrict parking in the Parking Lot; c). City shall not
implement or permitimplementation of any chargesfor parkingin the Parking a d) City
shall not restrict access to and from the Parking Lot and shall maintain the access drives, curb
cuts, access roads, sidewalks and streets as depicted on Exhibit 8; e) City shall not build or
permit thebuilding of
improvements on Parking Lot which would (i) reduce or modify
the current number of parking spaces in the Parking Lot, (ii) restrict or interfere with access to
the Parking Lot, or (iii) in any way impair the F&E Site and improvements thereon, including
any signage frombeing viewed# pedestrians or i ' FirestoneBoulevard,
between Downqj Avenue and Dolan Avenue. Notwithstanding the above, the Cito map take anp
of the above actii provided obtains prior # of & Easy to
be givendiscretion.
. Fresh and 1 Improvement bli tion .
In consideration of + its use of Parking Lot,*_ i perform is
i i, ' i - i " i the-fill,twixg im7,rt • f • :. # • + * i i ' • ' i r
the "Fresh t Easy Portion" on i"Fresh a Easy Portion"):
re-stripre-stripe, and slurry seat the
surface of t Eag PortionoYtheY wLot, inrconfigurationis i 1 '..
i i w igap (04 Ligs] i� i. It# ilei KAM t i i R' f ,n all
fLand6cg2ing OblMatiops. Install not less than five (5) tree wells
requiredwith live trees therein, and all irrigation systemsfor i treesy; tree wells, with tree
species I.Y in a configuration uponreasonably agree,1', subject to the
standards of Public • D`i.
All of f1 '" worki icalendar days following
Effective Date and shall be completed not later than one -hundred eighty (180) calendar days
following the Effective Date. Said work shall be performed by Fresh & Easy at its sole cost and
Subject to obtainingany necessary entitlements,building permitsor other
governmentali• • other than this ii i Easy shall also have the
right, but not obligation ti construct and maintain a monumentor pole • on
Parking Lot displaying i Easy's customary signage and any customary signage
-if any sublessee,i • the Parking Lot as availableE Fresh r
customers,• iyees, sublesses and assigns,• or pole i
be constructed and maintained at Fresh & Easy'sf i
5 LAI7334705 6
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warmigo in, w m. ram 71WRIM11MM-4 RIMUM-OWN 6 4 4
1004110-0 W4,7111-11"_ 101", 1 w A
tills agrucMeRL9 %,ILY May USNUIRCrOM 5 U0118ULIOILS anu Ruln m mmj silan rulmuJI-5-
its actual reasonable costs.
Any landscaping, maintenance or repairs performed by City or Fresh & Easy shall be
carried out in compliance with the laws, permits, licenses or other governmental authorizations,
rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or
promulgated by any federal, state, county, municipal or other governmental agency, bodies and
courts having or claiming jurisdiction and all insurance companies insuring all or any part of the
Parking Lot.
5. Terin of Agreement. The term ("Term") of this Agreement shall commence on
the Effective Date and shall expire upon the earlier of the following: i) the expiration or
termination of that certain Lease between Fresh & Easy and Kenneth F. Morgan, Jr. and Betty
Callan Mqr husband and wif c dated SeC6 _Van. dember 23 2008 *-,,tore Lease") for the occw
and operation of the F&E Site, or (ii) thirty five (35) years following the Effecfive Date. This
Agreement shall terminate upon (i) the expiration of the Term, whereby Fresh & Easy shall
notify City of such termination in writing, or (ii) in the event of an assignment or sublease,
unless the assignee or sublessee agrees to assume all of the terms of this Agreement and all of
Fresh & Easy's obligations hereunder.
6. Right of EgIa. City and Fresh & Easy shall permit the other or its employees,
agents or contractors to enter upon the Parking Lot at any reasonable time to inspect the same
Fresh & Easy with written notice at least forty-eight (48) hours prior to any inspection, repair or
maintenance which would interfere with the use of the Parking Lot, except in cases of
emergency. Further, Fresh & Easy shall provide City with written nofice at least forty-eight (48)
hours rior to an reogirs or wrovements to the Parkini Lot which would interfere with the use
rINIMPAI s it) CANIVIOWNTIM of 8. _0 116141
7. Amignmelits and Sublqttipg. Fresh & Easy may freely assign this Agreement to
any affiliate of Fresh & Easy or to any other person or entity which succeeds to the interest of
Fresh & Easy, so long as such entity is operating as a similar fon-nat grocery store, whether by
merger, consolidation, acquisition of assets or stock or otherwise and to any subiessee under the
terms of the Store Lease without City's prior consent. Further, Fresh & Easy may sublease a
portion of the Premises, not to exceed 50% of the Premises, without City's prior consent.
However, if Fresh & Easy subleases in excess of 50% of the Premises, to any entity other than an
entity operating a similar format grocery store, Fresh & Easy shall obtain City's prior written
consent. In addition, Fresh & Easy may not otherwise assign this agreement or any rights
or withheld in City's sole discretion. City may not assign this agreement or any rights hereunder
to any other party without Fresh and Easy's prior written consent, which consent may be granted
in Fresh and Easy's sole discretion.
6 LA 17334703 6
NUZZA
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8.1 City shall defend, indemnify and hold Fresh & Easy and its directors,
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
ev to froverty, or versons- including
to any actual or alleged acts, omissions or willful misconduct of City, its directors, officials,
officers, employees, designees or agents arising out of or in connection with this Agreement an4i
City's use of the Parking Lot. The coverage of the foregoing indemnification shall include,
without limitation, attorneps' fees and other related
with regard thereto.
8.2 Fresh & Easy shall defend, indemnify and hold City and its directors,
officials, officers, employees, designees and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
actual or alleged acts, omissions or willful misconduct of Fresh and Easy, its directors, officials,
officers, employees, designees, agents or any invitee arising out of or in connection with this
Agreement and Fresh and Easy's obligations to maintain Fresh & Easy's Portion of the Parking
Lot. The coverage of the foregoing indemnification shall include, without limitation, attorneys'
fees and other related costs and expenses incurred by City with regard thereto. Fresh & Easy
shall not indemnify City or be held liable in any way for any acts, omissions or damage
occurring on that portion of the Parking Lot that is currently leased by Denny's.
8.3 City's and Fresh and Easy's respective indemnification, defense and holS
harmless obligations under this Section 8 shall survive the expiration or earlier termination
this Agreement as to acts or omissions occurring prior to expiration or termination. I
9.1 Time for Compliance. Prior to the Effective Date, Fresh & Easy shall
y,rovide to Citki evidence satisfactork, to Citki that 6t
section.
9.2 Minimum Requirements. During the entire Term of this Agreement,
Fresh & Easy shall, at Fresh and Easy's sole cost and expense, maintain general public liability
insurance against claims foll personal in' death or r;if' dam 1 0
7 LA.17334705.6
H
cancellation. The insurance policy shall be primary insurance with respect to City, and its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of Fresh and Easy's scheduled underlying coverage. Any
insurance or self-insurance maintained by City and its directors, officials, officers, employees,
agents and volunteers shall be excess of Fresh and Easy's insurance and shall not be called upon
to contribute with it. All insurance required by this Section shall contain standard separation of
insured provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to City and its directors, officials, officers, employees, agents and
volunteers. Any insurance required to be maintained by Fresh & Easy hereunder may be
maintained in whole or in part under a plan of self-insurance if Fresh & Easy's net worth exceeds
$75,000,000 (such net worth to be established by a certificate delivered to City signed by a
senior offic r o� Rea & j g -,g& %jalt,% oil ig 6 lalig
_ _ _j . 0 .i 14u "JjWet worth of Fresh &
discretion, that Fresh & Easy does not possess the net worth required by this Section 9.2, City
may require Fresh is Easy to procure the insurance policies as set forth above from a reputable
third -party insurer.
7310 1,121M.-AU 1,
10. Waiver. No waiver of any default on any one or more occasions shall constitute a
waiver of any other breach or default, whether of the same or of any other covenant or condition.
No waiver, benefit, privilege or service voluntarily given or performed by any party shall give
my other party any contractual right by custom, estoppel or otherwise.
It. Notices. All notices required or allowed under this Agreement shall be given in
To City: City of Downey
Attn: Gerald M. Caton, City Manager
111 t I B rookshife Avenue
Downey, CA 90241
Telephone: 562-904-7152
Facsimile: 562-622-4816
To Fresh & Easy: Fresh & Easy Neighborhood Market, Inc.
Attn: Tony Eggs
Chief Real Estate Officer
2120 Park Place, Ste. 200
El Segundo, CA 90245
Telephone: 310-341-1200
8 LA 173 34705 6
Notice shall be deemed received as follows, depending upon the method of
transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and
by United States mail, as of three (3) business days after deposit in United States mail.
12. a a s e ies.Upon either City's or Fresh and Easy's breach of an
obligation under this Agreement, City and Fresh & Easy shall have any and all rights and
remedies for such breach as provided in law or equity.
13. Prohibited Liens. Fresh & Easy agrees to keep the Parking Lot free and clear of
liens resulting from Fresh and Easy's use of the Parking Lot.
14. Recordation or A
I'll I _,greement, This Agreement may be recorded in the official
records of Los Angeles County by either Party, recording fees to be paid by the Party requesting
the recording,
15, flWdiggEffiecl. This Agreement shall be binding upon and inure to the benefit of
the Parties hereto and their permitted successors and assigns.
16. CogstrucAim of AMemeat. This Agreement will be liberally construed to
effectuate the intention of the Parties with respect to the transaction described here4 In
determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or
provisto-( of
KIJ U11r, (411 VVI"FlUtIO11 OF ULIMUTtSC,
expressly understood and agreed that the Parties have participated equally or have had equal
opportunity to participate in the drafting hereof.
17. GoveraiM LaA2kftdIction. This Agreement shall be construed, interpreted
and applied in accordance with the procedural and substantive laws of the State of California,
without regard to conflicts of laws principles. The Parties consent to the exclusive jurisdiction of
the state courts sitting in Los Angeles County, California, for any and all proceedings arising
under this Agreement.
18. Attan"s' fees. In the event of any action or proceeding to enforce or construe
any of the provisions of this Agreement, the prevailing party in any such action or proceeding
shall be entitled to attorneys' fees and costs
19. Entire Agreement. This Agreement and its "hibits constitute the entire
agreement between the Parties hereto pertaining to the subject matter hereof, and the final,
complete and exclusive expression of the terms and conditions thereof. Prior agreements,
reQresentations, negotiations. and understandin of the Part -qw—
iesA-IV OAV-a�li -qgz*
implied, are hereby superseded and merged herein.
20. Ntodifkafl " on. This Agreement may not be modified in any respect or rescinded,
in whole or in part, except by an instrument in writing, duly executed by both Parties, their
successors or assigns.
9 LA, ( 7334705 6
I
21. SoycraW11 . If any term, covenant, condition or provision of this Agreement, or
the application thereof to any person or circumstance, shall to any extent be held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms,
or - - lication thereof to an�Lperson or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
22. !Qgualgrgartg., This Agreement may be executed in one or more counterparts,
and bear the signature of each Party on a separate counterpart, each of which when so executed
and At delivered,1111,bb "de med an oriLyinal but all of which taken toeether shall constitute but one
I Not
23. Further Assurances. Each of the Parties hereto shall execute and deliver any
and all additional papers, documents and other assurances, and shall do any and all acts and
things reasonably necessary in connection with the performance of their obligations hereunder
and to carry out the intent and agreements of the Parties hereto.
24. N1,A=ucX1Mplftm1g. In performing the terms of this Agreement, City and
Fresh & Easy each remain an autonomous and separate entity, solely responsible for its own
actions and those of its officers, employees, agents and volunteers. No relationship of
employment, agency, partnership or joint venture is to be created by or implied from this
Agreement.
25. No ThIM Par_q Rights. This Agreement is entered into between and solely for
the benefit of City and Fresh & Easy. No other person shall have any right to enforce the terms
of this Agreement.
IN WITNESS WHEREOF, City and Fresh & Easy have executed this Agreement as of
the date first written above.
10 LA:17334705 6
SIGNATURE PAGE
TO
FRESH s EASY INC., ,. Delaware corporation
• ♦ ` i
jW
9 LA 17334705 6
CALIFORNIA ALLOPURPOSE ACKNOWLEDGMENT
il"121"Sgi
State of California
County of 05Ah!GeL155
On Apti I it lom before me,
I Date
M
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Ism M"436M 1"Willm "U"MIT-1
E114L LHQ 1W0,141HIS ixMMYrd
true and correct.
WITNESSmyha and official seal.
Placs NotaryEleal Al?i" Signature 01 N6WMjbNr
OPTIONAL
Though the information below is not requiredbylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of Document:
Document Date, 4-jq-oi
Signer(s) Other Than Named Above:
Capacity(ios) Claimed by Signer(s)
Number of Pages.
Signer's Name,_
0 Individual tiAl Ot r- Ll Individual
X Corporate Offiw�!)*O IJ«I El Corporate Off icer — Title(s)
El PartnerLimited 0 General El Partner — ED Limited El Gene
* Attorney in Fact EJ Attorney in Fact
* Trustee 0 Trustee
ID Guardian or Conservator q(X1 Ej Guardian or Con
U Other- �� e—i 1 El Other -
Signer Is Representing
a
SIGN ATUREPAGE
TO
MM
THE CITY OF DOWNEY
a California municipal corporatio� `� \\ ^� � §
By:
ATTEST:,
iathlee n L. Midstokke
i»2? $\� \��� \��/� �\
irlywNIUMN-all
wig MIMEM
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On _.Apr ... _j4__jQ . .. ZQQ9__ before me, -Ppyke t r I Iblic. -' . .. . ..........
Clate Here Insert Name and Title of the Officer — — — — — — — — — — — — —
personally appeared Gerald M. Caton
Nanes) os
#
I I
ITIMM11142MV. "*#M �10
true and correct
WITNESS my hand and official seal.
:e
Place Notary Seal AWva Signature ozzwq—
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Restrictive Use Agreement (parking) - 8356 Firestone B1. Downey
Document Date, April 28, 2009 Number of Pages: 16
Kathleen L. Midstokke, Edward W. Lee -----
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer(s)
Signer's Name- _—Gerald M, Caton
Signer's Name
0 Individual
0 Individual
L4 Corporate Officer — Title(s)- City Manager
0 Corporate Off icer — Title(s)
El Partner — El Lin-itted El General
0 Partner — 0 Limited 0 General
* + ♦ OFSIGNEIR S
orney in FactOfSIGtfER
* Trustee Top of thumb here
El Trustee Top of thumb here
El Guardian or Conservator
E) Guardian or Conservator
Ll Other — --- ---------
0 Other
Signer Is Representing
City nf rinurnou
Signer Is Representing --
9 02MRIWI-Iff, WROMEMIZi [a
EXHIBIT A
TO
RESTRICTIVE USE AGREEMENT
[Attached behind this page.]
LEGAL DESCRIPTION 'y
THAT PORTION OF • OF -AOF • i
MISCELLANEOUSASSOCIATION, IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE 434 OF
•' i OFFICE OF •' RECORDER OF
SAID COUNTY,DESCRIBED AS FOLLOWS:
PARCELl-
SOUTHWESTERLY 85 FEET OF • OF ,
BLOCK
EXCEPTING THEREFROM THEM SOUTHEASTERLY 146 FEET AND THE
SOUTHWESTERLY 285 FEET.
PARCEL 2:
THE SOUTHWESTERLY 83 FEET OF THE NORTHEASTERLY 123 FEET OF SAID
BLOCK 4
EXCEPTING THEREFROM THE SOUTHEASTERLY 285 FEET AND THE
SOUTHWESTERLY 230 FEET.
THE ABOVE 2 PARCELS CONTAINING AN AREA OF 16,380 SQUARE FEET, MORE
OR
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS,
RIGHTS OF WAY AND EASEMENTS OF R ,
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Date
C kooryUcgah.502-1IS LEGAL DESCRIPTION 3 doe
EXHIBIT B
TO
RESTRICTIVE USE AGREEMENT
SITE PLAN OF PARKING LOT
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YS'ONIa33N19N3 A80W'08 L 'C*&13d s®ua,a 0008 i®r—I dH'YOId U OZ"S 900,1110' P &1.:1 7A9LL19iNX31B1 L-Zp9l;SM94d
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WHEREAS, the City of Downey and Fresh & Easy Neighborhood desire tt
enter into a Restrictive Use Agreement to use the subject real property for parking purposes
located at 8356 East FirestoneBoulevard, more commonly knowna • Lot No.
r
WHEREAS, Fresh & Easy will secure entitlements for a neighborhood retail grocer at
.2320 Firestone Boulevard, and
WHEREAS, the City will maintain the site's use as a City -owned public parking lot, not
build any structures upon it, and not reduce the number of parking spaces; and
WHEREAS, the Fresh i Easy will improveportion of • "• parking r by
slurry sealing, re -striping, and keeping the lot clean; and
WHEREAS, Fresh & Easy will install on its portion of the City -owned parking lot five
trees, tree wells, a an irrigationd
WHEREAS, Fresh & Easy will regularly maintain its portion of the City -owned parking lot
• -♦ • • •-r • • .• • • r. • r. •- s
CaliforniaWHEREAS, the r Quality ' Q') finds this requestto be
Categorically - • from - CEQA per •, 15301 r and
WHEREAS, Fresh & Easy may freely sublease r: portion of building •
as long as the grocery portion is affiliated with Fresh & Easy.
NOW, •'E, THE CITY COUNCIL OF OF DOWNEY DOES
ORDAIN
r r •� • • • _ r rr ■r•
SECTION 2. This Ordinance shall take effect thirty (30) days after the date of its
adoption, and prior to the expiration of fifteen (15) days from the passage thereof, the Ordinance
or a summary thereof shall be posted or published as may be required by law, and thereafter
the s--�me shall be in full forceand
SECTION 3 The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published prescribed
A
L3
ORDINANCE NO. 09-1241
PAGE TWO
APPROVED AND ADOPTED this 281h day of April, 2009.
MA__ i10-k W it V�,_Wa —yo
KATHLEEN L. MIDSTOKKE
Lai I WAL43 a 6161TITI g I a
AYES,
Council Members:
Bayer, Brossmer, Gafin, Marquez, Mayor Gue
NOES:
Council Member:
None
ABSENT:
Council Member:
None
ABSTAIN-
Council Member:
None
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No, 09-1241 was
published in the Press -Telegram, a newspaper of general circulation in the City of Downey, on
ApdI 17, 2009 (after introduction), and on May 1, 2009 (after adoption, including the vote
thereon), It was also posted in the regular posting places in the City of Downey on the same
dates.
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L E A D S H E E T
023= =
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company In black Ink. Number of AIN's Shown
A THIS FORM IS NOT TO BE DUPLICATED
Order: 144369
Page 1 of 9 Requested By: obosophian, Printed: 21112021 10:20 AM
Assessor's Parcel Nos. 6255-002-012;
6255-002-011; 6255-002-010
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO-
XV1111
Los Angeles, CA 90071
Attn- Shireen G Enayatt, Esq.
11T;1Ift"_ :C1V_.VtdTk1FdTi1&7Rb6;
2120 Park Place, Suite 200
El Segundo, CA 90245
Attn: TaxtFinance Department
0
A L; 11 :: a u A
Th)s MEMORANDUM OF RETAIL LEASE (this *Memorandum") is made as of
September A3 2008, by and between KENNETH F. MORGAN, JR. and BETTY CALLAN MORGAN,
husband and -wife (colloctiv� *Loodlord-), and FRESH & EASY NEIGHBORHOOD MARKET WC., a
Delaware corporation (-renant"), with reference to the following facts'
A. Landlord and Tenant have entered into that certain unrecorded Retail Lease Agreement
dated as of September 23, 2008 (the "Lease") Capitalized terms used herein without definition shall
have the same meaning the Lease assigns thereto.
B. Landlord and Tenant desire to provide notice that Tenant is leasing as of the Term Start
Date, as defined in the Lease. approximately 78,991 square feet of land (the "Land") and any and all
improvements. appurtenances, rights, privileges and easements benefiting, belonging to or pertaining to
the Land (collectively, the "Promises") located at the southeast corner of the intersection of Firestone
Boulevard and Downey Street, City of Downey, County of Los Angeles and State of California. The
Premises is more particularly described as set forth on Exhibit A attached hereto.
NOW, THEREFORE, in consideration of the foregoing facts and the mutual covenants set forth
herein, Landlord and Tenant hereby agree as follows;
I , Demise of Premises. Landlord leases to Tenant, and Tenant leases from Landlord, the
Premises, on the terms and conditions set forth in the Lease. The Term Start Date shall be as
day of the next calendar month).
P�im I �
NVR-b-W-1114 ir WN
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2ccess, without charge for the entire Term, all areas of Ingress to and egress from the Premises show,:;�
in the Site Plan.
3. Title to Bulldinqs: Depreciation. Until the Lease Termination Date, title to (a) any
improvements that Tenant may construct an the Land (excluding the free-standing building located on the
Land, containing approximately 33,007 square feet of gross leasable floor area (the "Building"), as it
exists on the date of Delivery) and (b) any and all building equipment and other items that Tenant may
install in the Building following the Term Start Date, shall be solely Tenant's property, and Tenant alone
LA 17325837 2 1
FA
Order: 144369 Page 2 of 9 Requested By: obosophian, Printed: 2/1/2021 10:20 AM
n - A I reA —no
shall be -i to depreciate for purposes. Onthe LeaseTerminabon
improvements r :1 on f and any additions,or alterationstheretoshall vest in and
become absolute property ofLandlord. Notwithstanding , provision to thecontrary,: to
the Building, including any replacement thereof and the right to depreciate the same, shall remain vested
in the Landlord throughout
'► t rr i i ,r i f i
Notwithstandinganything tothe contraryof Lease,
_ all renewal
options,
cannotexceed 34 years andmonths.
•i if". i i - � f i `:l -i - i :• i's: '. i -
and conditions of the Lease. In the event of any inconsistency between the terms and conditions of this
Memorandum and the terms and conditions of the Lease, the terms and conditions of the Lease shall
• ntrol.
6 Cancellation of Memorandum of Lease. Upon the request of Landlord following the
zxoiration or • of the Lease. Tenant shall oromotIv execute and deliver to Landlord an
!Pppropriate release and/or cancellation instrument acknowledging expiration or • of
i �lw f ',i t ♦ ;r r a:
7ecords of r located.
f • i � �':f i t r i `f is is
assignsi maim
of Landlord and Tenant. This Memorandumbe - i +• two or ficounterparts d
by different parties different counterparts,of i riconstitute
Sriginall.
r
I
0
Order:144369
nnn° CAI 0SA-9nnR n1AddA11
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum of Retai'
e�Tse as of the date first written above.
� 9 71 r,EQ--
LA'17325837.2
Order: 144369
Doc: CALOSA:2008 01944411
p
Tenant:
FRESH & EASY NEIGHBORHOOD MARKET
INC., a Delaware corporallon
n
Page 4 of 9 Requested By: obosophian, Printed: 211/2021 10:20 AM
SWO Of Call omia
06�nty of I A�� hvyWIC,7
On a4kr b f r maj Notary Publ,
y 1A
personal! a VjrlyA W1
T T T
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
v,aragraph Is true and correct.
i r-r-TIM.7 MT
Lw-lwlbpqiSC
Notary Public:
a
Order: 144369 Page 5 of 9 Requested By: obosophian, Printed: 211/2021 10:20 AM
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R
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum of Retai:
Lease as of the date first written above
I
r
INC, a Delaware corporation
BY* >
Nai-no
Its- 7t�j� k
Order: 144369
nnr, ('Al O.I;A-,)nns ni qAAA1 I
Page 6 of 9 Requested By: obosophian, Printed: 211/2021 10:20 AM
NOt2ry Acknowledgement
\ i i
Los Angeles
It r isNotaryPublic, personally
who proved to me on
the basis of satisfactoryi i be personV&c name is subscribed to the witfun
F i i
executed the mstrument
foregoing paragraph is true and correct
OTNESS my hand and oa Xlsca
f
NOTARY SIGN.TI
N.
yye
n a e{ h 4 }
Order: 144369 Page 7 of 9 Requested By: obosophian, Printed: 211/2021 10:20 AM
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114 =Lty I q a] *4•
All that certain real property situated in the County • Los Angeles, State of Califomia, described as
follows:
1. PLT--vto
of the Southern Pacific Railway Company's right of way, a distance of 230 feet', thence Northeasterly
parallel with the Southeasterly line of Crawford Street, 240 feet; thence Northwesterly parallel with the
Northeasterly line of said railway right of way, 230 feet to a point in the Southeasterly line of Crawford
Street; thence Southwesterly along said • line • Crawford Street, 240 feet to the point •
beginning.
That portion of Block 4 of the Tract of the Downey Land Association, in the City of Downey, County of Los
Angeles, State of California, as per map recorded in Book 2, Page 434, of Miscellaneous Records, In the
Office • the County Recorder of said County, described as follows:
Beginning at the • comer • said Block, thence North 710 30 it West along the
Northeasterly line • the nght • way of the Southern Pacific Railroad Company, 420.82 feet to the
Northwesterly line of the Southeasterly 80.58 feet of the Northwesterly 230 feet of said Block; thence
North 180 30' 34" East along said • line, being parallel with the Southeasterly line of
Crawford Street, 240 feet; thence North 71* 30' 00' West parallel with the Northeasterly line of said
Railroad • • way, 24.42 feet to the Southeasterly line •: the • 125 feet • said Block;
thence North 18* 30 34 East 2.90 feet to the • line • the Northeasterly 120 feet • said
Block; thence South 710 30 00 East along said last mentioned • line 160 feet to the
Southeasterly line of the Northwesterly 285 feet of said Block; thence South 180 30' 34" West along said
last mentioned Southeasterly line 5 feet to the Southwestedy line of the Northeasterly 125 feet of said
Block; thence South 71* 30 00" East along said last mentioned Southwesterly line 285.18 feet to the
Southeasterly line • said Block: thence • 180 29' 54" West along said Southeasterly line of said
Block; 237.90 feet to the ♦• •' beginning
Except therefrom the Easterly 175 feet thereof.
Also except that portion described as Parcel 4 In Final Order of Condemnation recorded October 1, 1963.
as Document No. 4449, in Book D-2202, Page 456, of Official Records In said Recorder's Office.
C) Parcel 3-
00 That portion of Block 4 of the Tract of the Downey Land Association, in the Townsite of Downey, in the
1-4 City • Downey, County •. • Angeles, State of California, as • map recorded In Book 2, Page 434, o•
Miscellaneous Records, in the Office of the County Recorder of said County, described as follows:
Beginning at a point in the Northeastedy line •. said Block 4. • 125 feet Southeasterly from the •:.:
Northerly corner thereof, thence Southeasterly along said Northeasterly line, 105 feet; thence
Southwesterly at right angles parallel with the Northwesterly line of said Block. 120 feet; thence
LA-1 73251537 2
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Northwesterly at right angles and parallel with the sold Northeasterty line, 105 feet; thence Northeasterly
7arallel with said Northwesterly line, 120 feet to the point of beginning.
Order: 144369 Page 9 of 9 Requested By: obosophian, Printed: 21112021 10:20 AM